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Charity Tribunal: Re-appointment of Chair and members

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 8 March 2021

Ministerial decision reference    MD-ER-2021-0018

Decision summary title:  Charity Tribunal – Reappointment of Members

Decision summary author

Associate Director, Financial Services

Is the decision summary public or exempt?  

Public

 

Report title  Charity Tribunal – Reappointment of Members

Report author or name of

person giving report

Associate Director, Financial Services

Is the report public or exempt?

Public

 

Decision and reason for the decision

The Minister for External Relations and Financial Services, having noted –

(i)      The previous Ministerial Decision (MD-C-2018-0025) (with report) appointing the Chair and the members of the Charity Tribunal (namely Sarah Bartram-Lora Reina as Chair, and Martin Elks, Anna Przybyszewska, Deborah Thompson, Kevin Hart and Dominic Hebert as Tribunal members);

(ii)     The previous Ministerial Decision (MD-C-2018-0160) appointing Anna Przybyszewska as Vice Chair;

(iii)   That no cases have as of yet been heard by the Charity Tribunal;

(iv)   That confirmation has been received from the current Chair and Vice Chair, and the Members, Martin Elks,  Deborah Thompson, and Kevin Hart that they are willing to continue as Chair, Vice-Chair, and members of the Tribunal respectively;

and

(v)     That the Jersey Appointments Commission has provided their view on the reappointments as required by the Law;

 

requested that a report be presented to the States Assembly giving the requisite 2 weeks’ notice of the Minister’s  intention to reappoint the following members of the Charity Tribunal for a further period of three years (there being a maximum term of six years pursuant to Article 1(5) of Schedule 2 of the Law); and

approved the reappointments of those members to take effect the day after the expiry of the 2-week notice period mentioned above, subject to its satisfactory conclusion.

 

The re-appointments are:

 

Sarah Bartram-Lora Reina as Chair; Anna Przybyszewska as Vice-Chair; Martin Elks, Deborah Thompson, Kevin Hart as Members

Resource implications  

No additional resources required.  Service as a tribunal member is honorary.  Administrative costs associated with the Charity Tribunal are met under previously agreed budgetary arrangements.

Action required   The Greffier of the States is to be requested to arrange for the attached report to be presented to the States for their information pursuant to Article 3 of Schedule 2 of the Law.

Once effective, the Associate Director will confirm the reappointments to the Registrar of Tribunals who will liaise with the Tribunal members accordingly. 

SIGNATURE:

 

POSITION:

Senator Ian Joseph Gorst

Minister for External Relations and Financial Services

DATE SIGNED

 

EFFECTIVE DATE OF THE DECISION

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